Sex With Minor Wife : Supreme Court Acquits Husband Of Rape Relying On Exception 2 To Sec 375 IPC

The Supreme Court recently acquitted a man who was convicted for the offence of rape for sexual intercourse with his minor wife by relying on Exception 2 to Section 375 of the Indian Penal Code, which exempts marital rape from punishment if the wife was aged above 15 years.A bench of Justices B.R. Gavai and Sanjay Karol was considering an appeal that had arisen out of a conviction under...

Karnataka High Court Upholds Single Judge Order Against State's Decision Permitting Only Muslim Priest To Perform Rituals At Datta Peeta

The Karnataka High Court on Monday dismissed an appeal challenging a Single Judge's order which quashed State's decision to permit only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities.The State had ordered that only a Mujawar appointed by Shah Khadri shall be permitted to enter...

Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court

The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court. The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated...

Res Judicata Not Attracted To Proceedings In Foreigners Tribunal If Previous Order Finding Petitioner 'Not Foreigner' Unreasoned: Gauhati High Court

The Gauhati High Court on Friday held that the principle of res judicata will not apply to a subsequent proceeding before the Foreigners Tribunal to determine whether a person is a foreigner or not, if the previous order of the Tribunal had not given any reason as to why it was of the view that the person is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and...

Revolutionizing Justice- Exploring Kerala High Court's Innovative, Paperless E-Court System For More Accessible Justice [PART-2]

“There can be no life without change, and to be afraid of what is different or unfamiliar is to be afraid of life” – Theodore Roosevelt.In Part 1 of the feature, we had discussed about the Case Management System (CMS) introduced by the Kerala High Court, in its pursuit of becoming completely paperless, and automated. We had highlighted the notable features provided by the System. We...

Delhi High Court Upholds Order Asking Man To Provide Maintenance For Wife's Child From Previous Marriage, Says Can't Avoid Responsibility Now

The Delhi High Court has observed that an individual marrying a person who has a child cannot be allowed to argue later that the child is not his or her responsibility. “When a person solemnizes a marriage with a person who already has a child, said person shall be presumed to have undertaken the responsibility of the child and also cannot later be permitted to contend that the child is...

Indian Judiciary Can Never Be Forced To Play The Role Of Opposition Party : Union Law Minister Kiren Rijiju

Indian judiciary can never be forced to play the role of an opposition party though "some people" want it to play such a role, said Union Minister of Law and Justice Kiren Rijiju on Sunday."Some people want to force the judiciary to play the role of an opposition party. Indian judiciary will never accept this. I can tell you Indian judiciary itself will resist these forceful attempts to...

HP Land Revenue Act | Discretion Vested In Revenue Officer To Convert Itself As A Civil Court To Decide Plea Of Adverse Possession: High Court

The Himachal Pradesh High Court has recently ruled that though for adjudicating the plea of adverse possession under Himachal Pradesh Land Revenue Act, 1954, discretion is vested with the Revenue Officer (not below the rank of Assistant Collector 1st Grade) either to convert itself as a Civil Court or to decide it otherwise, but, the discretion so vested is judicial discretion and cannot...

Prisoners Being Treated Equally In Jails, Parole Or Furlough Given Without Any Discrimination: Delhi Govt To High Court

The Delhi Government has told Delhi High Court that prisoners are being treated equally in jails in the national capital and parole or furlough is extended to them without any discrimination.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad closed proceedings in a suo moto case initiated in 2015 on the issue of preferential treatment given to certain...

Karnataka High Court Directs Police To Register Visually Challenged Person's Complaint Under PwD Act Instead Of Relegating Him To Common Law Remedy

The Karnataka High Court has made it clear that a disabled person raising a complaint under provisions of the Right of Persons with Disabilities Act, cannot be directed to seek relief under common law remedy. A single judge bench of S R Krishna Kumar allowed the petition filed by visually challenged Basavanand Swamigalu and set aside a communication issued by the police rejecting his...

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently set aside an order of the Assistant Labour Commissioner condoning at least 15 years delay by certain persons in seeking compensation under Employees Compensation Act on behalf of their relatives, on the solitary premise that it is a creation of special legislation.Justice Rajesh Sekhri observed,"Creation of an Authority under...

Supreme Court Forms Committee To Oversee Transfer/Import Of Wild Animals In India

The Supreme Court has extended the jurisdiction of a High Powered Committee constituted by the High Court of Tripura for the transfer or import of wild animals in India at Pan India level. The order was passed by a bench comprising Justice Krishna Murari and Justice A Amanullah. Supreme Court was approached by a petitioner seeking clarification on a previous order of the court regarding a...